When the City Engineer, or the City Engineer's designee, determines that an order of abatement should be issued requiring the removal or repair of any building or structure found to be insecure, unsafe, or structurally defective, or in material non-compliance with applicable regulations, the City Engineer, or the City Engineer's designee, shall provide notice of the determination to order such removal or repair to the holders of legal or equitable title of record of the building or structure and the real property on which the building or structure is located.
(A) Notice shall be by certified mail.
(B) The notice shall be given no fewer than 30 days prior to such removal or repair. The notice shall state:
(1) That the owner or owners have 30 days within which to provide voluntarily for the complete removal of the building or structure, to the city's satisfaction; or
(2) That the owner or owners have 30 days within which to reach an agreement with the city according to which the owner or owners will cause the building or structure to be made fully and completely secure, safe, structurally sound, and in compliance with all applicable regulations, so long as the terms and conditions of any such agreement are to the city's satisfaction.
(3) Whether the owner or owners elect to remove the building or structure voluntarily, or enter into an agreement with the city for the repair of the building or structure, the city may require sufficient surety from the owner or owners to guarantee timely completion of the removal or repair, and that the city shall have sole discretion regarding the selection of the required surety, which may include (without being limited to): Cash, bond, or a letter of credit.
(C) If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not re-occupied until the specified repairs and improvements are completed, inspected and approved by the City Engineer or the City Engineer's designee.
(1) The City Engineer shall cause to be posted at each entrance to such building a notice: "This building is unsafe and its use or occupancy has been prohibited by the City of Tipp City."
(a) Such notice shall remain posted until the required repairs are made or demolition is completed.
(b) It shall be unlawful for any person, firm or corporation, or his, her or its agents or other servants, to remove such notice without written permission of the City Engineer or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same.
(D) If the City Engineer determines that circumstances exist as described above, notice may be given other than by certified mail and fewer than 30 days prior to such removal or repair. In this instance, delivery of the notice to an owner of record shall be sufficient notice.
(E) If notice is given by certified mail and the certified mail is returned unclaimed or refused, the notice shall be resent by ordinary mail and the owner(s) to whom notice has been sent shall be deemed to have received said notice on the date after it has been resent.
(Ord. 5-10, passed 2-1-2010)